My Ref: Additional HMO Licensing

Your Ref: Contact: HMO Team Environmental Health Email: [email protected] Community Protection City Council Loxley House Station Street Nottingham NG2 3NG (correspondence address only)

Tel: 0115 876 3400 (Open 8am – 5pm) Fax: 0115 876 1474 www.nottinghamcity.gov.uk/additionalHMO www.protectnottingham.co.uk

October 2018

Dear Sir/Madam

CHANGES TO HOUSES IN MULTIPLE OCCUPATION (HMO) LICENSING IN NOTTINGHAM

Nottingham City Council are working with landlords and managing agents to ensure that all private rented properties are well managed and provide quality housing throughout the city. This letter is intended to inform interested groups, landlords and tenants about changes to HMO licensing in Nottingham City.

Additional Licensing From 1 January 2019 a new scheme of Additional Licensing for HMO properties is being introduced. It will cover HMOs occupied by 3 and 4 persons forming two or more households sharing amenities in the following areas of Nottingham: Arboretum, Dunkirk, Lenton, The Park, Radford, , , New Basford, Hockley/, , Sherwood, Carrington, Edwards Lane, Park and Old Meadows. Enclosed with this letter is a copy of a Public Notice relating to the new scheme which was approved by the Council’s Executive Board on 18 September 2018. The current Additional Licensing scheme has been in operation in Nottingham since January 2014 and is due to expire on 31 December 2018.

For more information on additional licensing, please visit: www.nottinghamcity.gov.uk/housing/landlords-guide-to-licensing-your-rented- properties/additional-licensing-for-hmos/

Mandatory Licensing Due to legislative changes from 1 October 2018, the national mandatory Licensing scheme for HMOs, which covers the whole of the city, is changing. All HMOs that meet the new definition, which is ‘any HMO which has 5 or more persons in occupation forming two or more household sharing amenities’, will need a licence. The requirement to have three storeys has been removed from the mandatory definition. This will mean that some HMOs that previously came under Additional Licensing will now come under Mandatory Licensing. The Council will ensure properties remain licensed under the correct scheme. Existing licences under the current Additional Licensing Scheme which now meet the new statutory definition for a HMO in the Mandatory Scheme will be ‘passported’ into the correct scheme of licensing. Licence holders

will be notified directly over the next few months with details on how these changes specifically affect them.

For more information on mandatory licensing and fees: www.nottinghamcity.gov.uk/housing/landlords-guide-to-licensing-your-rented- properties/mandatory-licensing-for-hmos/

To check if your property needs a licence in the Nottingham City area please visit: http://geoserver.nottinghamcity.gov.uk/myproperty

Applying for a Licence You can apply for a HMO licence at any time. Follow the link below to find the most appropriate scheme: www.nottinghamcity.gov.uk/housing/landlords-guide-to-licensing-your-rented- properties/

Please remember you should make your application as soon as you can. Each licence, if granted, is valid for up to five years. The Council is actively working to find unlicensed property and extra fees may be applied. It is an offence to not licence a HMO that should be licenced and failing to do so may lead to enforcement action including, prosecution, banning orders and civil penalties of up to £30,000.

Revised Licence Fee Structure From 19 September 2018 the HMO licence fees have changed. A new tiered fee structure has been introduced and the fee will now be collected in two part payments. This new structure was agreed by the Council’s Executive Board on 18 September 2018 and is as follows:

 Accredited Landlords Fee £990  Standard Fee £1330  Less Compliant Fee £1720

Extra fees may apply e.g. if there are 10 or more bedrooms within the HMO or if a finder’ fee is applied. For more information on how the new fee structure works, please visit the website pages as detailed above.

We look forward to continue to work with accredited and good landlords, changing less compliant landlords’ behaviour and taking action against rogue landlords for everyone’s benefit.

If you need to contact us, please send an email to [email protected] or alternatively call the helpline on 0115 9152020. You can also register your email address or notify us if you are not the owner of a HMO.

Yours faithfully

Anton Menzies Head of Safer Housing

Public Notice

Designation of an area for Additional Licensing under Section 56, Housing Act 2004

Nottingham City Council (“the Council”), Loxley House, Station Street, Nottingham, NG2 3NG, in exercise of its powers under section 56 of the Housing Act 2004 (“the Act”) has on the 19th September, 2018 designated the area described below as subject to Additional Licensing.

The designation shall come into force on the 1st January 2019 and shall cease to have effect on the 31st December 2023. Under section 58 of the Act this designation falls within a description of designations for which the Secretary of State has issued general approval dated 26 March 2015. This means that following a minimum of ten weeks consultation with persons who are likely to be affected, every local housing authority in has the Secretary of State’s general approval to designate an area as subject to additional licensing.

The designation will cover the Council’s electoral wards of: Arboretum and Radford and Park; and parts of the following other wards: Berridge; Bridge; Dales; Dunkirk and Lenton; Mapperley; Sherwood; St Ann’s; Wollaton East and . A map of the area covered can be viewed at: www.nottinghamcity.gov.uk/housing/landlords-guide-to-licensing-your-rented- properties/additional-licensing-for-hmos/

The proposed scheme includes all Houses in Multiple Occupation (HMOs) in the designated area that are not already subject to mandatory licensing (or exempted by the relevant sections of the Housing Act 2004), with the following exceptions:

(a) premises which comply with the approved Codes of Practice covering large purpose built and converted student accommodation and larger developments and which are administered by Accreditation Network UK (ANUK); and (b) HMOs as defined by Section 257 of the Act (certain converted blocks of flats).

If you wish to inspect the designation, or if you are a landlord, managing agent or a tenant and you require further information regarding this designation, or require advice on making or obtaining an application, please contact the Council’s HMO team by:

Email: [email protected] Telephone: 0115 9152020 Post: Loxley House, Station Street, Nottingham NG2 3NG or Website: www.nottinghamcity.gov.uk/housing/landlords-guide-to-licensing-your- rented-properties/additional-licensing-for-hmos/

To check whether a property is within the designated area go to: http://geoserver.nottinghamcity.gov.uk/myproperty and enter the postcode.

Alternatively, the designation can be inspected at Loxley House, Station Street, Nottingham, NG2 3Ng during office hours (9:00am to 5:00pm). Please contact the HMO team to arrange this.

Upon the designation coming into force on the 1st January 2019 any person who operates a licensable HMO without a licence, or allows a licensed HMO to be occupied by more

households or persons than authorised by a licence, or a person who breaches a condition of a licence is liable to prosecution and upon summary conviction to an unlimited fine. In addition such persons may be prevented from managing a licensed HMO and/or may be made subject to a rent repayment order.

Andy Vaughan, Corporate Director for Commercial & Operations Loxley House Station Street Nottingham NG2 3NG Tel: 0115 9152020